Cop bashed by rich-lister's son recovers

Nikolas Delegat. Photo / Otago Daily Times

The female police officer punched in the face by the son of a rich-lister who escaped a jail sentence is still being helped by colleagues on her road back to work, 18 months after the attack.

Nikolas James Posa Delegat, 19, was a University of Otago student when he attacked and knocked unconscious Constable Alana Kane and assaulted a Campus Watch staff member during a drunken scuffle outside Starters Bar, in Frederick St, in March last year.

Yesterday, Delegat was sentenced to 300 hours community work for the police assault, 100 hours for assaulting a campus watch officer, 60 hours for wilful damage, and 60 hours for resisting arrest. He has also been ordered to pay $5000 emotional harm reparation to the police officer he punched.

Today, Acting Area Commander Otago Coastal Inspector Kelvin Lloyd released a statement which said Kane would not be making any comment on the case.

"Any assault on our staff is a concern and we continue to offer Constable Kane the necessary help and support she needs in her recovery," Lloyd said.

"While operational policing always carries an element of risk, our staff do not go to work expecting to be assaulted.

"Constable Kane is very grateful for the support and concern that members of the public have expressed to her."

Kane's focus is now on returning to work and she asks for privacy at this time, Lloyd said.

Delegat is the son of Jakov ''Jim'' Delegat and wife Kate. The National Business Review listed Jim Delegat and sister Rosemari's wealth at $350 million in last year's Rich List.

Delegat fought to keep his name from the public, beginning with an application filed in the Auckland District Court last May.

That bid was quashed by the Court of Appeal in November.

Delegat was initially charged with the aggravated assault of Kane, assaulting a campus watch officer, resisting police and intentionally damaging a window.

As a result of the assault on her, Kane needed hospital treatment for a black eye and serious swelling to her face.

That charge was amended to assaulting a police officer with intent to obstruct her in the execution of her duty earlier this year.

He admitted to resisting arrest last year, but did not plead guilty to the other charges until June this year.

He yesterday applied for a discharge without conviction.

In sentencing the 19-year-old, Judge Kevin Phillips said he would not grant a discharge without conviction as Delegat assaulted two people without "any real degree of warning or provocation".

He punched Kane with such force as to render her unconscious and then delivered three further blows.

Her injuries resulted in concussion and 15 hours of hospital treatment.

She still suffered from ongoing headaches, Judge Phillips said.

A summary of facts said Delegat punched a hole in a window after he became very angry about a remark made by a friend about his girlfriend.

He then punched a Campus Watch officer who intervened during a heated argument between Delegat and his girlfriend and violently resisted police, punching Kane in the face as she was trying to arrest him.

Timeline:

• March 26, 2015: Nikolas James Posa Delegat assaults Constable Alana Kane and Campus Watch staff member David Ogilvie outside Starters Bar, in Frederick St, after a night of drinking.

• March 31, 2015: Delegat appears at Dunedin District Court for his first appearance on charges of aggravated assault, assault, wilful damage and resisting arrest. He requests the matter be transferred to Auckland District Court.

• May 2015: Delegat appears at Auckland District Court, after which his lawyer sought and was granted interim name suppression.

• June 2015: Auckland District Court Judge Anne Kiernan ruled there was no reason to continue name suppression as the case was "entirely ordinary'', however, Delegat's lawyer Mark Ryan said the decision would be appealed.

• July 2015: The High Court dismissed the appeal and allowed publication of Delegat's name. However, that decision was also appealed keeping his name from the public.

• August 2015: Delegat again appeared at Dunedin District Court, admitting resisting arrest but pleading not guilty to aggravated assault, assault and wilful damage and seeking trial by jury.

• October 2015: A hearing to decide on name suppression was held at the Court of Appeal.

• November 12, 2015: Court of Appeal dismisses Delegat's appeal, allowing his name to be published in a week. It was his final avenue for ongoing suppression.

• November 20, 2015: Delegat's name suppression lapses.

• December 2015: Delegat's criminal proceedings are again called at Dunedin District Court with a trial date of May 23, 2016, set.

• May 2016: May passes without Delegat standing trial.

• June 2016: Delegat appears at Dunedin District Court for a scheduled pre-trial call-over hearing. The charge of aggravated assault was amended to the downgraded charge of assaulting a police officer with intent to obstruct her in the execution of her duty and Delegat pleaded guilty to the amended charge as well as those of assault and wilful damage.

• September 12, 2016: Delegat seeks a discharge without conviction on the four charges, however, Dunedin District Court Judge Kevin Phillips convicts Delegat on all counts and sentences him to community work. Ryan indicates an appeal is possible.